Posted on March 28, 2025 in Fraud

Bank fraud is a serious federal crime. It can entail a list of illegal activities, including fraudulent transactions, money laundering, and the use of fake identities and documents. Having a legal representative who is well-versed in the federal laws that govern these cases and the legal arguments that can fight the charges is crucial to a strong defense. Consider some common examples of how our Dallas, TX bank fraud attorneys may be able to help you challenge bank fraud charges.

Lack of Intent To Defraud

A key element of bank fraud cases is intent, and federal law requires proof that the defendant intended to defraud. Ultimately, they must prove that you intended to commit bank fraud, whether you were successful or not. The burden of proof in these cases is beyond a reasonable doubt.

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 Posted on March 10, 2025 in Fraud

Many crimes in the United States come with a statute of limitations. This is essentially a time limit for prosecutors to pursue a case against you, and once the statute of limitations expires, you cannot be charged with a crime. If you have been accused of a criminal fraud offense from years ago, you might be protected by the statute of limitations.

At Spencer & Associates, our white collar crime attorneys have handled many complex and high-profile fraud cases, including numerous federal cases. When you work with our firm, we will explore all possible avenues in your defense against a fraud charge.

General Fraud Charges

In most cases, the criminal statute of limitations for a fraud charge in Texas is seven years. Some of these charges include:

• Identity theft

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 Posted on February 26, 2025 in Fraud

It is very easy to carry out bankruptcy fraud without truly intending to. Making an inaccurate statement on your bankruptcy filing can be enough to get you charged with fraud, even if you did not realize the information you provided was inaccurate. Bankruptcy law also creates an unusual set of circumstances where you could be charged with bankruptcy fraud for something you did before you even decided to file for bankruptcy. People can be accused of bankruptcy fraud just for making a luxury purpose a month before filing. However, being accused of fraud does not mean that you will be convicted of a crime. There is a lot a Dallas, TX white collar crimes lawyer can do to help you. A simple mistake can easily appear to have fraudulent intent in bankruptcy. An attorney can often help to show that you were acting in good faith and have not committed a crime.

Providing Inaccurate Information Does Not Mean You Lied 

When you are filing for bankruptcy, you will need to make a lot of detailed financial disclosures. You will be asked to disclose what assets you own, whether you have made any luxury purchases recently, and what income you have. However, not everyone keeps close track of their finances. It is easy to forget about a short-term job you had or an asset you have not used or thought about in a long time, especially if you are working multiple jobs or are busy with family responsibilities. Mistakes are even more likely to happen if you and your spouse are filing together, as there is an added risk of miscommunication when you are preparing your documents. This can make it appear that you were trying to conceal an asset, which is regarded as bankruptcy fraud when it is done intentionally.

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 Posted on February 11, 2025 in Fraud

Wire fraud charges are part of many federal white-collar criminal cases. When the criminal case is mainly about a crime like embezzlement or credit card fraud, defendants do not always understand why they have been charged with this particular offense. This is likely because the definition of wire fraud has changed greatly over the past several decades. Before the internet, wire fraud involved wire money transfers or other wired communication. If the offense were created today, it would likely have been called something closer to "fraud by electronic communication." Wire fraud today simply means using any means of electronic communication, such as text messages, social media posts, or e-mails to defraud others. If you are facing wire fraud charges, you need an experienced Dallas, TX federal white-collar crimes attorney to help you.

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 Posted on January 27, 2025 in Fraud

The elderly are a frequently targeted group. Older adults often have a more difficult time spotting a scam being run online or identifying a badly unfair contract. Seniors also tend to struggle with social isolation, making them more vulnerable to manipulation by anyone posing as a friend or love interest. Financial fraud against the elderly can take many forms, from very simple fake product schemes to more complicated business schemes designed to trick the elderly into long-term contracts that will offer them no benefit. The federal criminal justice system classifies senior citizens as vulnerable victims, meaning that sentencing enhancements apply when a person is convicted of a federal white-collar crime against them. You need an aggressive Dallas, TX financial crimes attorney if you are facing charges involving elderly victims or other vulnerable victims.

How Do Courts Decide Whether The Elderly Were Being Targeted? 

For the vulnerable victim sentencing enhancements to apply, you must have targeted the elderly intentionally or known that the elderly would be the most likely victims of your scheme. If you did not target the elderly, and it simply happened by coincidence that a large number of people who fell prey to your financial offenses were elderly, the sentencing enhancements should not apply.

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 Posted on January 14, 2025 in Fraud

Using another person’s credit card without his or her consent can be treated as credit card fraud. Even if the person whose credit card you used without consent is a family member, you can still be charged with a federal crime. While unauthorized borrowing of a relative’s credit card might seem more like a family issue than a legal one, these types of prosecutions are not uncommon in federal courts. Often, these cases escape the notice of law enforcement because family members may hesitate to report each other unless it is absolutely necessary. However, you could be prosecuted for credit card fraud if law enforcement does become aware that you used a relative’s credit card without consent. You will need the help of an aggressive Dallas, TX credit card fraud attorney to fight back against these charges.

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 Posted on December 20, 2024 in White Collar Crime

The winter holiday season is often called the "season of giving." Individuals and corporations alike are most likely to make charitable donations during the month of decision. Not only is it the holidays, but it is also the end of the year, causing people and businesses hoping to get their tax write-offs to make last-minute donations. With the amount of people who donate and the number of organizations that aggressively seek donations during this time of year, it should be unsurprising that those seeking to profit from charity fraud are also very active during December. These white-collar fraud schemes can translate to a lot of arrests and federal charges in January. If you have been accused of charity fraud, you need a highly experienced federal white-collar crimes attorney to help you.

Failed Charitable Ventures Can Look Like Fraud 

Say you have an idea to hold a fundraising event to benefit a local charity you are fond of. You book a venue and start selling tickets. A few people donate without buying a ticket. You reach out to the charity, and it allows you to advertise your fundraiser using its name. Unfortunately, you do not sell nearly as many tickets as you expected to, and the event would now cost money, so you cancel. You already spent the funds you brought in planning the event. You now have a handful of angry donors demanding to know where their money went since none ultimately went to the charity.

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 Posted on December 06, 2024 in White Collar Crime

If you know that you are under federal investigation for a white-collar crime like embezzlement or tax fraud, arrest is likely imminent. Unless everything the federal investigators find shows that you must be innocent, you should anticipate an arrest in the coming weeks or months. You will probably not be warned in advance that an arrest is coming - the federal police prefer to take suspects by surprise so they do not have a chance to flee the state or worse, fight back. Unfortunately, this means that you could be abruptly plucked from your life. While it is normal and very reasonable to mostly be worried about what being in jail will be like, it is wise to also consider what will be happening at home. If you fear that you will be arrested in the near future, a Dallas, TX white-collar crimes defense attorney can help you prepare to address any coming charges.

What is an "Arrest Will" and What Should it Contain?

Simply put, an arrest will is a set of instructions and documents that enables people close to you to manage your personal affairs while you are in jail. When you are arrested by federal law enforcement, you may be gone for days or weeks before you are released on bail. Think about the tasks that need to be completed in your personal life and what would happen if you were suddenly not there to carry out those tasks. An arrest will helps you plan for someone you trust to carry out certain tasks on your behalf while you are working on getting out of jail. Some of the things an arrest will should contain include: 

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 Posted on November 25, 2024 in Embezzlement

When you hear about someone who was caught embezzling in the news, it is normally a high-level employee who stole hundreds of thousands or more from an employer or non-profit and carefully covered his tracks for years before getting caught. This leads most people to think of embezzlement as a high-profit and sophisticated criminal scheme. However, the cases that make the news are often outliers. Embezzlement is a more common criminal charge than most people realize, and are frequently prosecuted at the federal level. This may also mean that you were shocked when you were told that you were being investigated for embezzlement after committing what you thought was simple theft against an employer. If you are facing embezzlement charges, you need an experienced Dallas, TX federal white collar crimes attorney.

The Classic Media Image V. The Reality of Embezzlement

The kind of embezzlement cases we hear about in the media normally involve an already-wealthy corporate businessman who uses deception to steal a massive amount of money from the company he works for by falsifying complex financial records. The stereotypical embezzler is always a high-level executive involved in a highly complex scheme that might involve sneaking into the office in the middle of the night.

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 Posted on November 12, 2024 in Fraud

Cryptocurrency fraud can lead to serious federal charges. While cryptocurrency is largely unregulated and untraceable - which is a feature, not a bug - using it to defraud others is still a crime. It can be difficult for federal law enforcement to tell the difference between someone who is running a legitimate cryptocurrency investment scheme and someone who is running an investment scam. Asking people to send you money to invest for them is always a risky plan. Even if you are legitimately trying to help people make money, losing investment funds in cryptocurrency can make it appear that you are simply scamming people and keeping their money. If you are charged with cryptocurrency fraud, you need a dedicated Dallas, TX white-collar crimes attorney to help you.

Why is Cryptocurrency Investment Often Mistaken For a Scam?

If you were investing in cryptocurrency on others’ behalf, losing the money can rapidly lead to you getting accused of defrauding your investors. Part of the problem has to do with the nature of cryptocurrency. You may not have access to clear records showing where the money went like you would in traditional investing. There is also the fact that cryptocurrency is often used in all types of criminal activity to the point where dealing in at all might be considered suspicious.

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